TITLE 879 MANUFACTURED HOME INSTALLER LICENSING BOARD
Final Rule
LSA Document #23-35
DIGEST
Adds 879 IAC 1-10 concerning convictions of concern and related provisions, implementing IC 25-1-1.1-6. Effective 30 days after filing with the publisher.
Rule 10. Convictions of Concern
Authority: IC 25-1-1.1-6
Sec. 1. This rule implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual for licensure, and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license issued under IC 25-23.7.
(Manufactured Home Installer Licensing Board; 879 IAC 1-10-1; filed Oct 6, 2023, 2:18 p.m.: 20231101-IR-879230035FRA)
Authority: IC 25-1-1.1-6
Sec. 2. An applicant for licensure who has a conviction of concern may still be granted a license based on the criteria stated in IC 25-1-1.1-6(h).
(Manufactured Home Installer Licensing Board; 879 IAC 1-10-2; filed Oct 6, 2023, 2:18 p.m.: 20231101-IR-879230035FRA)
879 IAC 1-10-3 Authority to issue license on probation
Authority: IC 25-1-1.1-6
Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of a board or committee to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute.
(Manufactured Home Installer Licensing Board; 879 IAC 1-10-3; filed Oct 6, 2023, 2:18 p.m.: 20231101-IR-879230035FRA)
Authority: IC 25-1-1.1-6
Sec. 4. The following are convictions of concern:
(1) Crimes involving sexual acts that can be considered without respect to age of conviction are as follows:
(C) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(2) Crimes of violence that can be considered without respect to age of conviction are as follows:
(C) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(J) Operating a vehicle while intoxicated causing death. Penalties; death or catastrophic injury; death of a law enforcement animal (IC 9-30-5-5).
(K) Operating a vehicle while intoxicated causing serious bodily injury to another person. Classification of offense; serious bodily injury (IC 9-30-5-4).
(O) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(P) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
(Q) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(6) Attempt under IC 35-41-5-1 to commit an offense listed in this section.
(8) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).
(12) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).
(15) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).
(17) Criminal mischief; institutional criminal mischief; controlled substance criminal mischief (IC 35-43-1-2).
(19) Criminal trespass; denial of entry; denial by posting with purple marks; permission to enter; exceptions (IC 35-43-2-2).
(20) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).
(22) Dealing in a schedule I, II, or III controlled substance or controlled substance analog (IC 35-48-4-2).
(23) Dealing in a schedule IV controlled substance or controlled substance analog (IC 35-48-4-3).
(24) Dealing in a schedule V controlled substance or controlled substance analog (IC 35-48-4-4).
(25) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5) (before its repeal).
(26) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).
(28) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(33) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or a superintendent (IC 12-24-17-7).
(34) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).
(38) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).
(40) Fraud on financial institutions (IC 35-43-5-8) (before its repeal).
(47) Insurance fraud; insurance application fraud (IC 35-43-5-4.5) (before its repeal).
(50) Interfering with drug or alcohol screening test (IC 35-43-5-19).
(52) Making a false sales document (IC 35-43-5-16) (before its repeal).
(57) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).
(61) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).
(62) Operating a vehicle while intoxicated (IC 9-30-5).
(64) Possession of a fraudulent sales document manufacturing device (IC 35-43-5-15) (before its repeal).
(65) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).
(67) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).
(78) Synthetic drug or synthetic drug lookalike substance (IC 35-48-4-11.5) (before its repeal).
(79) Synthetic identity deception (IC 35-43-5-3.8) (before its repeal).
(80) Tampering with a water supply; poisoning (IC 35-43-1-5).
(88) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).
(89) Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors (IC 35-48-4-4.6).
(90) Unlawful possession of a card skimming device (IC 35-43-5-4.3) (before its repeal).
(91) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(92) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6) (before its repeal).
(93) Vicarious sexual gratification; sexual conduct in presence of minor (IC 35-42-4-5).
(97) Violation of IC 25-3.7 (unauthorized practice of an anesthesiologist assistant) under IC 25-3.7-3.
(111) Violation of IC 25-16-1 (violation of employment services statute) under IC 25-16-1-18 [IC 25-16 was repealed by P.L. 149-2023, SECTION 20, effective July 1, 2023.].
(129) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.
(130) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.
(135) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).
(155) Violation of IC 25-41-1-1 (before its repeal) (unauthorized practice of behavior analyst) under IC 25-41-1-2 (before its repeal).
(156) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).
(158) Worker's compensation fraud (IC 35-43-5-21) (before its repeal).
(Manufactured Home Installer Licensing Board; 879 IAC 1-10-4; filed Oct 6, 2023, 2:18 p.m.: 20231101-IR-879230035FRA)
879 IAC 1-10-5 Convictions in another jurisdiction
Authority: IC 25-1-1.1-6
Sec. 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in section 4 of this rule shall also be a crime that may disqualify an individual from receiving a license and therefore included on the list.
(Manufactured Home Installer Licensing Board; 879 IAC 1-10-5; filed Oct 6, 2023, 2:18 p.m.: 20231101-IR-879230035FRA)
879 IAC 1-10-6 Prelicensure determinations; fee
Authority: IC 25-1-1.1-6
Sec. 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether an individual's misdemeanor or felony conviction may disqualify the individual from receiving a license or certification shall be twenty-five dollars ($25).
(Manufactured Home Installer Licensing Board; 879 IAC 1-10-6; filed Oct 6, 2023, 2:18 p.m.: 20231101-IR-879230035FRA)
Hearing Held: June 20, 2023
Approved by Attorney General: September 27, 2023
Approved by Governor: October 3, 2023
Filed with Publisher: October 6, 2023, 2:18 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Elizabeth Walker, Indiana Professional Licensing Agency, Indiana Government Center South, 402 West Washington Street, Room W072, Indianapolis, IN 46204, (317) 234-2912, elwalker@pla.in.gov
Posted: 11/01/2023 by Legislative Services Agency
DIN: 20231101-IR-879230035FRA
Composed: May 17,2024 6:32:34AM EDT
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